Borders was arrested in December 2009 after a DNA sample developed from a cigarette he smoked matched with a DNA profile developed from sperm collected from Tessneer's body, according to court testimony.

Prosecution: Evidence indicates plan

On Friday, the defense made several motions, including a move to dismiss both the rape and murder charges on the grounds of insufficient evidence.

Defense attorney David Teddy contended that evidence indicated, at most, that Tessneer had had sexual intercourse.

Teddy argued that Tessneer could have had consensual sex and then died of a heart attack.

Assistant District Attorney Sally Kirby-Turner responded by saying there was evidence for each element of the crimes, including the cinder blocks placed under the woman's bedroom window, the damaged phone lines, and torn screen door.

She said those pieces of evidence indicate a plan that had been thought out and executed by Borders to look into Tessneer's bedroom window, break into her home and rape her.

Kirby-Turner said Borders made sure Tessneer wouldn't be able to identify him after he had raped her by pulling out her lower dentures, shoving something in her throat and suffocating her.

Defense argued to include lesser charges on the verdict sheet for jurors to consider.

The judge ruled to only include the first-degree murder, first-degree rape and felony breaking and entering on the sheet as well as the not guilty options.

Court will resume Monday with the judge giving jurors final instructions before closing arguments, and the deliberations, begin.